Pro Igual submission toward the OSCE Hate Crimes Report 2011

Recent CIDH Pro Igual submission for the OSCE Annual Report on Hate Crimes 2011 focuses on three main issues that are crucial for understanding and addressing hate crimes in Spain: 1) weak legislative framework against hate crimes, 2) increase in extreme right membership, and 3) infiltration of law enforcement by extreme right elements.

The first issue is weak legislative framework for dealing with hate crimes and absence of the data on hate crimes. As covered in one of our earlier blog articles, the Spanish law against hate crimes is obsolete and ineffective. Adopted in 1995, the Spanish Penal Code does not even include the concept of “hate crimes.” The application of other relevant provisions is restrictive and inconsistent, resulting in an underestimated record of hate crimes within the judicial system and failing to deter hate crimes.

The second issue is increasing number of adherents to extreme right organizations and their activism. In the past five years, the number of skinheads in Spain has more than tripled from c.3,000 to well over 10,000. Likewise, the number of neo-nazi, neo-fascist and other extreme right organizations and groups has nearly tripled from c.70 some five years ago to c.200 as of 2011. Their activism and appeal has intensified in the context of the economic crisis and rampant unemployment among the youths.

The third issue is infiltration of the law enforcement agencies by elements sympathetic to extreme right ideology and/or hostile to immigration. Such infiltration has its roots in Spain´s past (the fascist dictatorship), but it has never been addressed and has been allowed to continue to this day. Disturbingly, some members of the Spanish police, Civil Guard and army themselves have been implicated in a number of high-profile hate crimes, or their cover up.

All these factors contribute to a fertile climate for hate crimes and impunity for perpetrators. As a result, the number of racially-motivated hate crimes in Spain continues to steadily rise, while reporting, investigating and especially sentencing lag behind.